HONG KONG DAILY PRESS FRIDAY, FEBRUARY 8, 1935.

AMERICAN ON MANSLAUGHTER

CHARGE

"Roughing Up" Party Ends

SHIP'S

In Tragedy

CARPENTER IN DOCK

Alva C. Chown, 42 year old ship's carpenter of sa. President Grant appeared on remand before Mr. E. W. Hamilton at the

charged Kowloon Magistracy yesterday afternoon,

with the manslaughter of Bruce Lindberg a' member of the crew pi sa. President Grant on February 1 at about 2 p.m. by stabbing,

Mr. W. J. Lockhart Smith, assistant Crown Solicitor, assist- ed by Sub-Inspector Elston, appeared for the prosecution while "the accused was defended by Mr. T.P.K. Kemble.

That the accused was not a Unioh man and that he came to get his present job due to having been anemployed for a long period, and at no time had been a sea-faring man formed part of the evidence given yesterday.

Witnesses for the prosecution agreed that the deceased and.. a party had the intention of giving the accused a roughing up" so that when the "ship arrived next at Seattle, the accused would leave the boat,

CROWN'S OPENING STATEMENT

In outlining the crown's case post mortem was conducted by Dr. Mr. Lockhart Smith said !---- Griffith next day, at which Dro-

In May 1934, the crew of the s.s.let Identified the body. President Grant left the ship at Seattle, at the instance of the In- ternational Seamen's Union of America. to support the longshore men's strike...

Non-union were recruited to all the gap, amongst whom was the accused Alva Charles Chown, who joined as a seaman in July 1934. He is not a professional seaman. He is a carpenter by trade, and only joined on account of unem- ployment. On the return of un-

KOWLOON HOSPITAL

Out-patient Depart- ment Ready

HELENA MAY CONCERT

Local Talent Entertains

accused. Witness was with the de-i ceased then and both. left the place and went to a corner. After 10 minutes' interval bath retracted their steps to the same shop where the accused was just a while ago. Miles and "Sauvie were there then. After purchasing a chest they left

The end of March will probably and deceased went to the Kung see the completion of the out-presented at the Helena May In- A very enjoyable concert was Fat shop to ask for his chest which was to be delivered on board. They icon Hospital : -

patient department of the Kow-stitute yesterday when a number of then left and while walking saw

[local artista entertained with muste The new building stands at the and songs. the accused in a shop. Mahoney Waterloo Road-Argyle Street en- was not there. They all stopped trance of the Kowloon Hospital flogues were a feature of the con- Mr. Howard Patrtiough's mono- in-front of a shop while Miles was looking over some chests. Lind. and, it will be recalled, has been cert and his contributions were

berg disappeared then and they did not know where or why. They

stayed at the shop for a few minu- tes and the deceased and Moheney appeared. They all proceeded back the way they had come.

Glasses Snatched at When the accused came out of the shop Mahoney made

an at- tempt to snaten at his glasses. Ac cused pushed Mahoney aside and then the three of them (Le, the deceased and Mahoney), started ighting.

constructed mainly because the existing accommodation at the Kowloon Hospital was found in adequate to cope with the number of out-patients."

very well received...

chor Chi were others who assisted Mrs Murray Lewis and Mr. Li in the concert while Mrs. Schroeder and Mrs. Raich delighted the The new black is only one storey audience with their playing of in height, with a central waiting Franz Schubert's Sonatine Op. 197.

own consulting No. 2.

hail. It has its

#

and examining moms as well

窳 dressing room, and as dispensing room, all leading from the Central Hall,

The outside appearance a very attractive,' simplefty being the keynote of the design. It is capable, if necessary, of further extension Work on this "building" promises to be a valuable addition to the Kowloon Hospital and will. servé a much needed want on the mainland.

HARBOUR PIPE LINE

Witness was proceeding the same way with Miles behind him. There he saw the accused In the street and the accused had a knife in his hand. Witness's view was par- tally "obscured by the pillars on the pavement. Mahoney was back- ing backward all the time towards the ferry way. The next thing work of laying the second Harbour witness saw was blood on the side-pipe line, which is eighteen inches in diameter as compared with the walk Witress did not see the ac- tual stabbing. Following the trail old 12 inch pipe now in use. of the blood witness came

NEW GAOL

upon

Lindberg who was then staggering and collapsed. "Witness then sum- moned an ambulance and by the time he went back to the scene the accused was in the custody of the police.

Mr. Kemble: You were very sur- prised when you saw the deceased and Mahoney taking away the glasses?

Gang Terrorism There, your Worship, is the The question your rough story. Worship has to decide. baving heard the evidence, is whether the action of the accused amounts to manslaughter. I can do no more than endeavour to elicit as clear a history as possible from the wit- nesses and leave the decision in your. Worship's hands. I can make no excuse for the conduct of the deceased and the Crown witnesses. I freely admit that they seem to have determined on gaug terrorism or the most brutal nature. But the fact remains that a life has been lost, and by the use of a dangerous weapon Was the use of that weapon justified? Mr. Lockhart Smith then elted the law to show the definition of murder, the ship arrived in Hong Kong on manslaughter and self defence and ing the accused up? her return from Manila on Febr- the distinction between uary 1st this year, when she lay and manslaughter. alongside Kowloon Godowng

lon men, he was kept on the strength 25 stewards' carpenter. He alleges that he attempted to join the union, but wag refused admission...

He was one of only two non- union men on board on the pre- sent voyage, and appears to have been intimidated by the deck crew. He did not venture ashore until

a

Shopping Ashore

At I'p.m" on that day he went ashore to make some purchases First he ordered some crockery in Nathan Road, and then went to box-makers shop in Canton Road near Haiphong Road. He made no purchase there, but or coming out he saw 2 members of the crew on the corner of Hal- phong Road. He retreated into the shop until they had gone, and returned to Canton Road via Pe- King Road. He entered another Box-makers in Canton Road op- posite Tsim Sha Tsui Market, saw nothing he wanted, and finally. entered No. 13 Canton Road.

Self Defence?

homicide

"Here there can be no doubt that the accused had every reason

Witness: I was not surprised. Mr. Kemble: Why were you not surprised

Witness; Because we thought if we could give him a good "rough- ing up" the accused would leave the ship at Seattle.

Mr. Kemble: Now you, Sauvie, the deceased and Mahoney all went with the intention of "rough

Witness: Yes.

A start has been made with the

The programme was as follows:--- 1-(a) Prelude............... Chopin (b) Danse Negre... Cyril Scott 2-(a) A Song and a Dream

Mrs. Murray Lewis

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Cadman (b) Bird Songs at Eventide

# Mr. Li Chor Chi 3.--Monologues ....

Mr. Howard Fairtlough 4.Sonatine Op. 137. No, 2

Franz Schubert Allegro. Moderato, Andante. Menuetto. Allegro. Violin: Mrs. Schroeder. Plano Mrs. Riach, 5-(a) Nocturne in F Sharp

Major...

The contract for the erection of the main gaol at Stanley Perin- sula has been placed, and we understand that the contractors. | 7—(a) Regle

are Messrs. Tung Shan and Com- pany, the same firm which carried out the site preparation,

· CENTRAL · BRITISH SCHOOL The Government "Gazette," it will be noticed, is calling for tenders, for the erection of the new Central British School in connection with this building, the site formation work,...we under- stand, will be completed in time

elapse before the building of the to allow a good margin of time to

school block commences.

KOWLOON MAGISTRACY The site formation work on the new Magistracy in Kowloon was completed last year and we notice that tenders are being

Mr. Kemble: That is why all called for the erection of the went shopping?.

building. Witness: No.....

Mr. Kemble: All this trunk buy-

to believe that a serious assaulting was not merely an excuse? was imminent; he

Witness: I bought one.**.*

Mr. Kemble: Your grudge against the accused is purely that he is not a member of the Union?

have may thought that it was necessary to protect himself from such bodily harm as might have endangered his life; the odds against him were Witness: Yes. at least four to one; if his story After being further questioned 15 accepted, he was held from be-witness admitted that he had heard hind so that he could not escape. of a non union man being assault- In such circumstances, aid his acted with an fron man and receiv- amount to manslaughter, or was iting a fractured skull in Seattle of President Justifiable homicide in self de and that on fence?

Grant's previous visits here a non union man was beaten up in Yau- mati,

Post Mortem Dr. J. V. A, "Griffith Medical Officer of Kowloon Hospital testi-

one

Mahoney's Evidence

While there he was detected by fed that on February 2 at about John Mahoney, 22 year old, an- union members of the crew. The 10 am the body of a European other member of the crew of Pre- story now becomes confused the male aged about 20, was identified sident Grant deposed that on the accused and the witnesses for the by a man Drolet in his presence as Crown none of them telling pre- that of Bruce Lindberg a seaman cisely the same story, But what of the President Grant. does appear to emerge clearly 's Post Mortem revealed that ex- that a party of union seamen ternally there was a small bruise formed the intent of "beating up" on the right side of the forehead the accused. In that party were besides a small bruise mark on Lindberg, the deceased, who ap the upper lip. pears throughout to have taken a leading part, Drolet, Miles, a man named Sauvie, whom Lindberg fetched from the Palace Hotel

Accused Attacked

There was a wound at the up- per part of the right thigh almost at the groin. The direction of the wound was downward and inward

day in question when he was going ashore at about 1.30 p.m. the de ceased met him on the gangway and said “Come on, hurry up." and then trotted down the dock to the gate. He and the deceased had both ordered a chest from the same shop. When they passed the shop they saw the accused inside and they paused outside the shop. Con- tinuing, Mahoney said "We did that with the Intention of "rough

Knife Produced

hands and I stopped him there at "the gate and he started backward

towards the ferry."

Continuing witness said that the accused's 'progress was blocked by some ricshas and he hit him with

the turn key. Finally the accused ran into a book stall. He was held at bay until the arrival of the police.

Cross examined by Mr. Kemble witness agreed that the accused hag never done him any harm and that Lindberg went back to fetch him.

Chopin

Liszt

(b) Liebestraum

Mrs. Murray Lewis 8.--Monolognes

Mr. Howard Fairtlough..

Massenet (b) Si vous L'Aviez Compris

Denza

Mr. Li Chor Chi Violin Obligato: Mrs. Schroeder Accompanist: Prof. E. Gualdi.

MORAL SATISFACTION

The S.P.C.A.'s Dinner Dance

It is good to feel perfect moral satisfaction. And we do not ofteri have cause to feel any thing so But an oppor- high "faluting.” tunity is coming.

On February 15 there is going' to be a very special Dinner Dance in the Hoof Garden of the Hong Kong Hotel in aid of that most deserving of charities The Hong Kong Society for the Prevention of Cruelty to Animals.

Rumour has it there is going to be a wonderful Amateur Cabaret performance for our entertain. ment too.

So not only shall we have the moral satisfaction of supporting a

deserving

cause but we shall have the general satisfaction of a really good evening's enjoyment as well.

THE WHARF & GODOWN COMPANY

`Bubject to Audit, The Hong Kong",

They wanted to beat the accused at other ports but he did not go ashore, Lindberg did not seize the & Kowloon Wharf & Godown Ct., accused as the same time he was Ltd report that the balance at trying to get the glasses off him front and Loss Account for the Mr. Kemble: I put is to you that year ended December 31, 1934, is he never struck at you at all with $545,357.77, which together with the knife.

Witness: Yes Bir, he did strike

at me twice..

Mr. Kemble: When others came Up to your assistance he used the knife to free himself.

Witness: No Sir.

Mr. Kemble: Do you suggest that

3311,829,31 brought forward - from the previous year makes a total of $857,287.08 | available for appro- priation.

The Directors will, at the sp- proaching meeting of Shareholders, recommend the following distribu- tion:

he came out of the shop with his To Daya Dividend of

Imite?

41

by $8 per share Witness: I did not see him draw To pay #Bonus of 50

"dents per share To transfer to Renewals

$480,000.00

40,000.00

A/cm

710,000.00

carry "forward to next secount

267,287.08

$867,287.08

When accused came out they Mr. Kemble: When he had it waS walked alongside of him and he it in his right hand? suddenly matched at the accused's

To Witness: I wouldn't say for sure. glasses. The accused stepped aside Mr. Kemble: The attack took | and "swung at me with a knife place a few paces away from the which he must have had in his shop? *** hand” Witness dodged twice as

Witness: Yes.

FOREIGN AIRCRAFT OVER HOLLAND

and Mahoney, whom he fetched The wound was shallow at the towing him up" when he comes out." from the ship. Sauvie went rounder and upper ends. Internally the to the rear of the premises to block organs were healthy, there being the accused's escape. while the no appreciable disease, the left others weited for him in the lung being slightly congested. street.

There were no fractures of any bone and a small amount of blood Wia found in the internal organs. Accused emerged carrying his parcel, and the party ret on himeth in his opinion was due to from behind. If we belige accus-cardiac failure following upon he was not armed with anything. Mr. Kemble: After you had as-

haemborrage ed, Mahoney snatched of s

"""I shouted out" "watch out for saulted the accused you ran after glasses while Lindberg (deceased) In answer to Mr.

Lockhart the knife and I jumped clear him? grappled him from the rear Ac-Smith's question the doctor agreed than When I jumped back Lind Witness: I did not smault him, that the wound was quite possibly berg grabbed him from behind. As after he had stabbed Landberg, cused pulled out this knife, and struck backwards at the deceased, caused by the backward fab of a deceased did so accused came back I pursued him. ***

with, and right hand and back wines denied that anybody

[Special be the "Hong Kong Dails striking him at the top of the

Press? 10ppúright).] right leg. This cut severed an af Cross examined by Mr. Kemble the deliberately at Lindberg. Lindberg over advised him to desist strik

The Hague, Feb. 6. tery, and proved fatal Accured doctor agreed that the resistence held his side and started to runing the accused at the book store

Forjen aircraft: combatant having fought himself free, ata kaffe in that part of the leg Blood was coming out and Chown or that he ever threatened accus nations Aying over Holland's ter- tempted to rejoin his ship, but was weak and that it did not re-started backing off swinging the ed that he would never get back ritory would be commuting a was headed off by the gang, nowquire great strength to cause the knife I followed him down the to Seattle alive and

breach of her neutrality, declared wound as armed with bars and poles and

street and as I steped close to him Questioned by his Worship, wit- de Graef, the Foreign Minister, in fought a rearguard action towards After aspector G. A. Stimson he came up to me in the middle nest said that if he had intended a speech in the That Chamber on the terry, where he was comered had given evidence regarding the of the street. I saw a plank in doing him serious injury he would Wednesday outlining the Dutch In the book stall, until the police removal of the deceased to hospl- the gutter and thinking that he not have waited to take of his foreign policy. De Greed went on arrived Bauvie coming from betal Leigh Richardson Drolet, a 25 was coming after me 1. picked it glasses before striking accused. to say that in his opinion it wa hind the premises assisted deccar year old seaman of the Fresident up to ward him off. He was sort. The case was adjourned til 11:15 too early to sneak of the

Grant was called. ed who quickly collapsed. A doc-

of running backwards and I threw | this morning.

*** plete fallure" of the disarmament tor passenger from the ship who

knife.

Deceased' Movements

com-

the plank at his feet and missed The accused was remanded in conference. If a practical (pëmule, happened to be passing and a St.- Witness said that the deceased him. He stepped aside. He went

Jerm: Johns, Ambulance, man rendered and he were members of the In- on back to the ship. I circled citor the assistance, mut could do nothing ternational Seamen's Union of +round him and got to the gate be- ship to mile Drolet summoned an ambulance, America and that the accused was fore he could reach the ship. When the Water "and the injured map was removed not. At about 2 pm on the fatal. I got down to the shin one of the

to Kowloon Hospital, where he day witness went out to buy a ship's carpenters bad a turn-key,

His Worship said that this

died shortly after admission. A chest and in Canton Road saw the in his arm and I look it off his was a matter for the police.

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